April 4, 2014

Roe v. St. Louis University, et al. - Establishing Liability By Deliberate Indifference

When we send our children off to college, we know that we can't protect them from every possible scenario that may arise. We trust that we have equipped them with the necessary tools to act wisely and seek our counsel when they need it.
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However, when it comes to the issue of campus sexual assault, parents have little control. We must trust that the university will do everything in its power to limit the potential for such incidents or, at the very least, respond swiftly and appropriately when an allegation is made. In fact, higher educational institutions that receive federal funding are legally bound to do so under Title IX.

Montgomery injury attorneys
know, however, that proving a school failed in this regard can be a tough task. Plaintiffs are required to show that the institution acted with "deliberate indifference," either to the threat of an assault before it happens or in response to an assault, after the allegation is made.

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March 31, 2014

Montgomery Car Accidents: Expect a Fight With Insurer

No matter what the circumstances surrounding your Montgomery car accident injuries, you can almost always be assured that you will be in for a fight with an insurance company. gavel41.jpg

It's rare that an insurer will simply pay out the policy without any challenge. This is especially true if you are seeking compensation from more than one source - as you are perfectly entitled to do. Still, insurance companies will seek to use this to offset the scope of their own liability. Sometimes they are successful. However, as the recent Indiana Supreme Court case of Justice v. Am. Family Ins. Co. shows, many times, they are not.

Insurers often bank on the belief that you won't fight back, that you will accept the first offer they make. We are committed to fighting for full and just compensation - from all potential sources - for our injured clients.

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March 24, 2014

Dangers of Delaying Civil Lawsuit for Car Accident Injuries Until End of Criminal Case

Sometimes in cases of Montgomery car accident injuries, at-fault parties may be facing criminal charges as well as the civil complaint. arrested.jpg

For example, a drunk driver causes serious injury or death to others on the road, and is now facing felony charges of DUI manslaughter and DUI property damage.

It's true that at the conclusion of some criminal cases, the judge may order the defendant to pay restitution to the victim, and this is achieved without the victim incurring the expenses that a civil case would necessitate. It's also true that some courts may order that a civil proceeding be halted until the conclusion of a criminal case. (This was what happened in the recent case of Hardiman v. Cozmanoff, reviewed by the Indiana Supreme Court.)

However, this does not mean that a civil personal injury case is not worth pursuing or that you should wait any length of time before consulting with a lawyer or filing the case. In fact, there are a number of reasons why you should at least initiate the civil action prior to the completion of the criminal case.

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March 13, 2014

Amputation Injuries in Alabama a Complex Recovery for Employees and Motorists

A science reporter recently made headlines for an injury he sustained to his left arm that necessitated an amputation while he was on assignment in Asia.
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The correspondent, Miles O'Brien, would later lament the fact that he didn't have some harrowing story to tell about what happened. Basically, a heavy suitcase fell on his forearm, causing, over the course of several days, a condition known as acute compartment syndrome, which allows pressure to build up in the affected limb, cutting off essential blood supply and oxygen. Because he hadn't deemed it serious in the beginning, he waited far too long before seeking treatment. By then, the doctor ordered emergency surgery to remove the arm before deadly infection could spread to the other parts of O'Brien's body.

Our Montgomery injury lawyers know that while these kinds of incidents might seem rare, workers frequently encounter falling objects, defective or malfunctioning equipment. Auto accidents are another top cause of these complex injuries. While many advancements have been made in treatment, in large part due to returning veterans with amputation injuries, recovery is both lengthy and costly.


This case also illustrates the importance of seeking medical treatment as soon as possible after a traumatic injury, even if it doesn't seem all that serious at first.

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March 6, 2014

Temp Workers at High Risk for Alabama Work Injuries

The anecdotes are numerous:


  • The contract worker from Alabama who died after falling down an elevator shaft at a Louisville cement factory;

  • The temp worker at Amazon.com who died after being crushed by equipment at the plant's New Jersey facility;

  • The 21-year-old Florida temp worker who died his first day on the job at the Jacksonville Bacardi Bottling facility after he was crushed by a palletizer machine.

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Our work injury lawyers in Montgomery wish we could say these incidents were fairly uncommon. But fact of the matter is, temporary workers are at grave risk of harm on the job. This is particularly true in occupations such as warehousing and manufacturing.

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February 25, 2014

Protecting Child Passengers in Side-Impact Accidents

Child car seats could soon be regulated to make sure that they protect your young passengers in the event of a side-impact accident, based on recommendations from the National Highway Traffic Safety Administration. (NHTSA) According to the Los Angeles Times, NHTSA officials are proposing a new, tougher set of regulations to make sure that car seats for children weight up to 40 pounds now include accurate "t-bone" testing.
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This new test would be a first of its kind, and could potentially save lives and protect about 100 child passengers from serious injury each year, according to government estimates.

Our car accident attorneys in Montgomery note traffic collisions continue to be the leading cause of death for children. With tougher standards, we can help prevent tragedies. Car seats continue to play a vital role in helping to protect these young passengers. Not only is it important that parents and guardians are using the right car seat correctly, but it's critical that manufacturers are doing whatever possible to ensure that these seats continue to evolve with technology.

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February 20, 2014

Taylor v. Biba - Technicalities in Car Accident Lawsuits

Any persons interested in filing a car accident lawsuit in Montgomery must know that a case can be won or lost - sometimes before it is ever gets its day in court - on the basis of legal technicalities. atwork.jpg

There is so much to be considered, from the timing of the claim to how it is filed, to the details included in the filing. And even after the case is won, there are careful considerations that must be made if the defendant chooses to appeal.

This is what makes hiring an experienced and dedicated legal team such an important part of the process. No attorney can guarantee the outcome of any case, but you want to make very certain that any adverse outcome isn't due to the oversight of some issue that was easily avoidable. You also want to make sure that if your adversary slips up, you have an attorney who knows the law well enough to catch it and raise the issue to your advantage.

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February 10, 2014

Miller v. Mylan Inc. - Product Liability Claims for Fentanyl Patches

There have recently been a growing number of product liability lawsuits filed against drug manufacturers for culpability in the injury and death of persons who were given transdermal fentanyl patches.
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It is alleged in these cases that the drug, when administered in this manner, has the potential to deliver an injurious or even fatal dose - something patients are never warned about prior to placing the patch on their skin.

In one such case out of Michigan, Miller v. Mylan Inc., the patch had to be defined under the state's product liability law as it pertains to drug manufacturers. The Sixth Circuit Court of Appeals recently wrestled with the issue of whether the patch should be considered a drug, a device or a combination product. The distinction will determine whether the case will be allowed to move forward.

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February 1, 2014

Deaths in Freak Alabama Storm a Reminder of Winter Risks

We've been seeing some radical weather lately. This rare winter storm has been wreaking havoc in our state, and especially on the highways.
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Traffic in the areas has been at a standstill, even leaving people to walk the interstate in search of snacks and water to make it through the night. Some were lucky enough to hit the road with a full tank of gas and a phone charger, but not all of them.

Our Montgomery car accident lawyers understand that the freak storm has already been blamed for close to 15 fatalities. According to USA TODAY, At least 9 of those people died in traffic collisions. In Alabama, where freezing rain made driving perilous, at least five people were killed in weather-related traffic accidents Tuesday, state Department of Public Safety spokesman Sgt. Steve Jarrett said. The arctic blast crippling much of the deep South has prompted six states to declare emergencies and brought criticism on the National Weather Service and state and local governments. Alabama was one of those states under a state of emergency.

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January 25, 2014

Feeding Tubes, Elder Care & Wrongful Death Claims in Montgomery

There are some critical care situations in which feeding tubes are ordered by doctors as a short-term solution to get nutrition to patients who are unable to eat.
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It's a relatively simple surgery, but is generally only recommended for extreme or complex conditions. However, for elderly patients and particularly those with dementia who struggle to swallow, feeding tubes have a tendency to become a longer-term answer to malnutrition.

Inserted through the abdominal wall and into the stomach, common complications of feeding tubes include diarrhea (which can in turn cause bed sores), as well as distress from having some type of foreign object in the body.

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January 20, 2014

Traffic Safety in Montgomery: Multitasking Teens a Danger on the Road

There is little question that distracted driving is dangerous. Taking one's eyes off the road for any reason carries a grave risk not only to the driver and passengers, but to everyone else traveling nearby.drivingatnight.jpg

We also know that teens are notoriously prone to behind-the-wheel distraction. But a new study published recently in the New England Journal of Medicine shows that while youthful drivers start off working hard to be careful, they are soon thrown off course by their propensity to try to multitask.

Of course, multitasking is practically a way of life in America, with people juggling so many daily obligations and trying to fit as much in a 24-hour span as possible. But our injury attorneys in Montgomery highlight this new study because it illustrates just how vulnerable teen drivers are when they engage in this behavior.

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January 15, 2014

Montgomery Premises Liability Claims With Multiple Defendants

An Alabama man has been embroiled in a personal injury claim that recently reached the state supreme court, after he was injured in a parking lot fall at his local doctor's office.
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Premise liability claims such as these can and often do involve more than one defendant. In the case of Crabtree v. BASF Building Systems, LLC, the plaintiff looked to hold responsible not just the owner of the building, but also the construction contractors who worked on the top layer of the parking deck, and the manufacturer of the top coat product used to pave the area.

Initially when he filed the complaint, the plaintiff named the doctor's office, but included in his complaint several "fictitious" defendants. These are individuals or companies that may be connected to the injury lawsuit, but may not be identifiable at the time the claim is filed.

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January 2, 2014

University of Alabama Student Blamed for Fatal Traffic Accident

A student from the University of Alabama is looking at 19 charges after killing two and injuring four in a recent traffic collision. According to al.com, the incident happened during a late evening weekend as the 21-year-old driver was traveling between 80 and 100 miles per hour.
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Witnesses report that the young driver fled the scene of the accident wearing nothing but a towel. Officers were able to apprehend him later at his apartment complex, after failing a sobriety test and failing to cooperate with officers, according to the police department. He is currently being held on an $185,000 bond and faces charges of aggravated assault, intoxicated assault, manslaughter, intoxication manslaughter and failure to stop and render aid.

Our Montgomery injury lawyers know young drivers are some of the most dangerous when it comes to drinking and driving. Young people are over-represented in driving accidents involving alcohol. In a recent year, people aged 16 to 24 were involved in 28 percent of all alcohol-related driving accidents, although they make up only 14 percent of the U.S. population. Researchers have shown that even a small amount of alcohol can disrupt a person's ability to concentrate or do two things at once. For less experienced drivers, one or two drinks can cause the loss of reasoning and reaction time that might result in a fatal crash.

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December 26, 2013

Bell v. Dawson and Establishing Alabama Duty of Care

One of the key elements in proving a negligence claim in Alabama is establishing whether the offending party had a duty to the plaintiff. streetwaving.jpg

What that means it that the law recognizes that due to the establishment of a relationship between the defendant and the plaintiff, the defendant was obligated to act in a certain manner toward the plaintiff. It could be a duty to protect. It could be a duty to care. It could be a duty to control or a duty to rescue.

If the court finds that such a duty exists, then the plaintiff can pursue the issue of whether that duty was breached.

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December 20, 2013

Assisted-Living Industry Loosely Regulated in Alabama

As we near the peak of the holiday season, we expect many families will be reaching out to loved ones they may not have seen in some time, as they have been residing in nursing homes or assisted-living facilities. brokenglasses.jpg

During this time, it's recommended that family and friends pay close attention to the possible signs of injuries or illnesses resulting from nursing home abuse or neglect. This is especially warranted in light of a recent report by investigative journalism non-profit ProPublica.

In the course of their ongoing research, the journalists learned that state laws governing assisted-living facilities are not as uniform as those in place to protect nursing home residents. Although there is a tendency to view these living options as virtually one in the same, they are quite different in terms of state oversight. Alabama is no exception.

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